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Delaware Registered Agent Services

Within the state of Delaware, National Registered Agents, Inc. (NRAI) serves a variety of businesses, both small and large alike. All states require that a Delaware registered agent be designated by a company in order to receive service of process. Service of Process can be described as the procedure by which an entity is served with formal and official documentation or notice concerning a legal issue brought against the company. This can include such things as a summons, subpoenas, wage or other garnishment orders, judicial or administrative orders or supplemental pleadings in a lawsuit. Besides obtaining a registered agent, many states require a registered office be assigned to a business as well. A registered office is an office selected by the company to receive official legal documents that will then be handled by that company's registered agent. The registered agent generally resides in the registered office. The registered office may be, and often is, separate and in addition to the office where the operations of the business are conducted. Delaware requires the designation of a registered agent in Delaware and a registered office for any corporations and Limited Liability Companies, whether domestic or foreign, formed or doing business within its jurisdiction.

Delaware registered agent services can be made available to a company through professional providers such as National Registered Agents, Inc. In addition to these services, NRAI offers many compliance tools including its Company Guard® service that supplies clients with e-mail notifications of important filing dates, as well as its document library of forms and applications from all states. Click here to learn more about our services. For personal service, call us at (800) 520-6724 or use our quote form. We will provide a solution for registered agent services in Delaware that matches your company's needs.

Changing your registered agent to NRAI is a simple and seamless process. If you are dissatisfied with your current registered agent in Delaware, or feel they are not supporting your company with the vigilance and services you need to protect your company, you can effortlessly change your Delaware registered agent to National Registered Agents, Inc. Simply contact us and provide the account representatives with the following information:

Parent company/corporation name
Full name of the company/corporation that is being changed (if more than one, list all)
State of the incorporation or formation and jurisdiction
Current registered agent's name
Incorporation Date
Date of resolution in which the board of directors gave authorization for a change of registered agent.
Name and title of the designated person executing the documents (if more than one, list all)

Formation of Corporations

As the most frequent form of business organization, a corporation is a company that operates as a separate legal entity from its owners. The business thus operates with its own rights and liabilities. From a tax perspective, corporations can generally be categorized into three different types: an S corporation, a C Corporation and a Not-For-Profit Corporation. Simply defined, S Corporations generally do not pay any income taxes but rather, the business' income or losses are passed through directly to its individual shareholders. The shareholders then report the income or loss on their individual income tax returns thus avoiding "double taxation". In contrast, a corporation's profits and its shareholders' dividends are both taxed when business is conducted and operated as a C Corporation. A not-for-profit corporation is exempt from paying income taxes on any of its earned "surplus".

A Limited Liability Company, or LLC, is a structure of business that combines characteristics of both a partnership and corporate structure. It effectively provides limited liability to its owners and similarly avoids the process of double taxation.

Corporations in Delaware

At the time of formation, each domestic corporation is required to designate a registered office and a registered agent in Delaware to serve on its behalf. To begin the process of forming the corporation, a corporate name must be chosen and must contain the word "corporation", "incorporated", "limited", "association", "company", "club", "foundation", "fund", "institute", "society", "union", "syndicate" or any abbreviation thereof in its name. It is possible to reserve the name you chose for up to 30 days at no expense. One executed and two copies of the Certificate of Incorporation are filed with the Delaware Secretary of State. Filing fees include a $25 filing and index fee for Certificate of Incorporation ($50 for 24 hour service, $100 for same day service); a $5 data entry fee; a $15 minimum organization tax based on entire authorized share structure; a $20 Municipality fee; $24 for the first page and $9 for each additional page paid to the Recorder of Deeds.

Qualifying a Foreign Corporation in Delaware

In order to register a foreign corporation to conduct business in the State of Delaware, a Certificate of Existence from the jurisdiction of the business' original incorporation and one executed Qualification Statement must be filed with the Delaware Secretary of State. Filing fees include an $80 qualification fee, $50 for issuing the certificate, and a $50 fee for receiving, filing and/or indexing of the Qualification Statement.

Forming a Domestic LLC in Delaware

A Delaware domestic LLC is a business that is formed under the laws of the State of Delaware. It is required that the name of a newly created LLC contain the words "Limited Liability Company" or the abbreviation "LLC" or "L.L.C." A $75 fee is required for a name reservation of up to 120 days. When forming a new limited liability company in Delaware, it is necessary to file one original and two copies of the Certificate of Formation with the Delaware Secretary of State. There is a filing fee of $90 and an extra fee for expedited service. There is an additional $50 fee per certified copy as well.

Qualifying a Foreign LLC in Delaware

If your LLC is formed in another state, and you would like to conduct business in Delaware, it is required that you similarly appoint a registered office and registered agent in Delaware. Rules regarding naming a Delaware registered agent are identical to those as with a domestic LLC. The company needs to file one executed original of the Application as a Foreign Limited Liability Company, including a $100 filing fee with the Delaware Secretary of State. Additionally, you will need to pay $50 per certified copy of each document.